Tenant at Sufferance
Definition:
A Tenant at Sufferance is a person who remains in possession of a rental property **after their lawful tenancy has expired**, without the landlord’s consent but before being formally evicted. This type of tenant is also called a “holdover tenant.” While they no longer have a legal right to occupy the property, the landlord must still follow proper legal procedures—such as eviction—to regain possession.
Tenant at Sufferance Information
A Tenant at Sufferance situation arises when a tenant stays in a property after the end of their lease term without renewing or obtaining permission from the landlord. Unlike a **tenant at will**, who occupies the property with the landlord’s consent, a tenant at sufferance remains **without approval**. During this period, the tenant must typically continue paying rent, but the landlord may choose to either accept rent and create a new tenancy or initiate eviction proceedings. The holdover tenant has limited rights—mainly protection against unlawful or forcible removal—and may be liable for damages or higher rent rates set by the landlord. This status continues until the landlord regains possession through legal means.
Florida Legal Definition
Under **Florida Statutes Section 83.58**, a **Tenant at Sufferance** is a tenant who remains in possession of a property **without the landlord’s permission after the expiration of a lawful tenancy**. Florida law allows the landlord to recover possession by filing an eviction action and may also recover **double rent** for the period of unlawful occupancy if the tenant continues to hold over willfully. The tenant’s previous lease terms no longer apply, and they lose the legal right to stay. The landlord must still follow the formal eviction process under **Chapter 83, Florida Statutes**, which ensures due process for both parties.
How It’s Used in Practice
In practice, the **Tenant at Sufferance** concept commonly arises in Florida when tenants fail to vacate after a lease expires or after receiving notice to leave. For instance, if a tenant’s one-year lease ends and they remain in the property without signing a renewal or getting approval, they become a tenant at sufferance. The landlord can choose to file for eviction or, if rent is accepted, may convert the situation into a month-to-month tenancy. Property managers and landlords must handle these cases carefully, following all notice and filing requirements to avoid wrongful eviction claims.
Key Takeaways
- A **Tenant at Sufferance** remains in possession after a lease expires without the landlord’s consent.
- The landlord may evict the tenant or accept rent to create a new tenancy.
- Under Florida Statutes Section 83.58, landlords may recover double rent for willful holdover occupancy.
- The tenant has no continuing rights under the previous lease but is protected against unlawful eviction.
- Common in cases where tenants stay past lease expiration without renewal or permission.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
Trust • Experience • Results
Ready to Get Started?
Get started with Barnes Walker today.
